All shares of ownership of the debtor at the time of bankruptcy. The estate technically becomes the temporary legal owner of all of the debtor`s assets. The act of satisfying a party by paying what they are entitled to (such as a mortgage, lien or contract) or what is awarded to them by court judgment or otherwise. Thus, a judgment is satisfied by the payment of the amount due to the party who collected that judgment or by the recovery of that amount See Miller v. Beck, 108 Iowa, 575, 79 N. W. 344; Rivers v. Blom, 163 MB. 442, 63 S. W. 812; Mazyck v.
Spule, 3 Rich. Act (S.C.) 236; Green v. Green, 49 Ind. 423; Bryant v. Fairfield, 51 Me. 152; Armour Bros. Banking Co. v. Add Inton, 1 T. Ind. 304, 37 S.
W. 100. Practice. An entry in the record by which a party in whose favour a judgment has been rendered declares that it has been satisfied and paid. In equity. The doctrine of satisfaction in righteousness is in some respects analogous to performance in righteousness, but differs from it in this respect: this satisfaction is always something that is given, in whole or in part, as a substitute or equivalent to something else, and not (as in performance) something that can be interpreted as the same thing. That is the right thing to do. Chestnut.
Piece of satisfaction. Practice. A written note with the title in a reason indicating that satisfaction between the parties, the plaintiff and the defendant, is recognized. If this is duly acknowledged and filed with the registry where the minutes of the judgment are located, the judgment will be enforced and the defendant will be exonerated 1 Archb. Pr. 722. The fund that suffered the loss should be satisfied. 4 bouv. Inst Nr.
3731. An action brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation that caused harm to the plaintiff. A request made as a result of a proceeding by a losing party on one or more issues, for a higher court to review the decision to determine whether it was correct. To make such a request is to “appeal” or “to appeal”. The one who appeals is called a “complainant”; The other party is the “appellant”. Generally refers to two events in individual bankruptcy cases: (1) the “individual or group briefing” of a nonprofit budget and credit advisory agency, which individual debtors must participate in before filing under a chapter of the Bankruptcy Code; and (2) the “Personal Financial Management Course” in Chapters 7 and 13, which an individual debtor must complete before debt relief is registered. There are exceptions to both requirements for certain categories of debtors, urgent circumstances, or if the U.S. trustee or receiver has determined that there are not enough licensed credit counselling agencies available to provide the required advice.
A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence of a convicted accused. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. With respect to civil actions in “equity” and not in “law”. In English legal history, courts of “law” could order the payment of damages and could offer no other remedy (see damages). A separate “fairness” tribunal could order someone to do something or stop something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important. For example, a jury trial is generally available in “legal cases,” but not in “fairness” cases. A court decision in a previous case with facts and points of law similar to a dispute currently pending in court.
Judges generally “follow precedents,” that is, they use principles established in previous cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedents if a party can prove that the previous case was ill-decided or that it differs significantly from the current case. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. Similar to an injunction, it is a short-term order issued by a judge prohibiting certain actions until a full hearing can be held. Often referred to as TRO. Imprisonment for two or more offences to be served simultaneously and not consecutively. Example: Two five-year prison sentences and a three-year term if served at the same time result in a maximum of five years behind bars. A report prepared by a court probation officer after a person has been convicted of a crime and summarizing for the court the background information necessary to determine the appropriate sentence. The function of the federal courts that takes place at the beginning of criminal proceedings – after a person has been arrested and charged with a federal crime and before they appear in court. Pre-Investigation Service officials are focusing on investigating the background of these individuals in order to assist the court in deciding whether to release or detain them pending trial. The decision is based on the likelihood that these individuals will flee or pose a threat to the community.
If the court orders release, a pre-trial officer supervises the person in the community until the person returns to court. The Sentencing Reform Act 1984 abolished probation in favour of a particular penal system, in which the level of punishment is determined by penal directives. Now, without the possibility of parole, the court-imposed jail sentence is the actual time the person spends in prison. Jury selection process to interview potential jurors to determine their qualifications and determine a basis for challenge. A jury or judge decision that determines the guilt or innocence of a defendant or determines the final outcome of a civil proceeding. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. A court order preventing one or more named parties from acting. An injunction is often issued to allow for a finding of fact so that a judge can determine whether a permanent injunction is warranted. Study of the law and structure of the legal system An official of the judiciary with the power to adjudicate claims before the courts. The term commonly used judge can also refer to all bailiffs, including Supreme Court judges. Legal advice; A term that is also used to refer to lawyers in a case. The legal power of a court to hear and decide a particular type of case.
It is also used as a synonym for jurisdiction, i.e. the geographical area over which the court has territorial jurisdiction to rule on cases. The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute. A debtor`s assets that can be liquidated to satisfy creditors` claims. The judge who has primary responsibility for the administration of a court; The chapter of the Insolvency Code, which provides for “liquidation”, i.e. the sale of a debtor`s non-exempt assets and the distribution of the proceeds to creditors. To be eligible for Chapter 7, the debtor must pass a “means test”.
The court assesses the debtor`s income and expenses to determine whether the debtor can sue under Chapter 7. Governmental body empowered to settle disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” A claim for which no specific value has been determined.
